PARENTS' CLAIM.

Auckland Star, Volume LXVII, Issue 184, 5 August 1936, Page 12

PARENTS' CLAIM.

OTAHUHU FATALITY.

BOY KILLED BY BUS. RULING BY THE JUDGE. A submission that there „wns no" evidence of negligence to justify the claim, and that a boy of 11J years was not an asset but a liability to his parents, was not upheld by Jlr. Justice Callan during the hearing' of a plaim for damages at the Supreme Court yesterday afternoon. The claim arose out of the death of a boy, Ralph Atha, at the corner of Mangere and Awa Roads, on February 2o last, the hoy being fatally injured when struck by a bus belonging to the Passenger Transport Company, Limited, and driven by C. H. Creighton. The boy's parent?, John Oswyri Atha, of Otahuhu, nightwatchman, and Gladys Maud Atha, claimed £1000 from the company under the Death by Accidents Compensation Act. Plaintiffs were represented by Mr. Sullivan and Mr. Winter, and the defendants by Mr. G olds tine. Nonsuit Applied For. Mr. Gold?tine applied for a nonsuit after the plaintiffs' evidence liad been called on the grounds stated above.

Ilia Honor said the question arose in his mind whether the fault was not with the company rather than the unfortunate driver who was required to undertake singlehanded the task of backing a big heavy bus with so much obscured road behind it into a road in which 'children were in the habit of running. His Honor asked Mr. Sullivan to say where the driver had gone wrong.

Mr. Sullivan: Ho should have sounded the horn continuously, knowing that children were behind him.

ilr. Goldstine: He sounded the horn beTore he started to back. The lad had ample warning of the approach' of the vehicle had his attention not been directed somewhere else.

His Honor, in refusing the nonsuit on all three grounds, commented that what would he contributory negligence on the part of an adult would not necessarily be contributory negligence on the part of a young person.

The driver of the bus stated in evidence that he was turning in the usual way at the angle given him by the traffic authority. He saw a group of children before he started to reverse and sounded the horn and watched through the mirror. He did not know of his own knowledge where the boy who was struck came from.

Evidence was given by pupils of tlie High School that they saw the bus backing and heard the horn sounded. This concluded the ease for the defendant and the addresses to the jury took place this afternoon.